Matthew Reinhard Comments on DC District Court Ruling on Attorney-Client Privilege in Global Investigations Review

"Court strikes blow against internal investigation privilege"
Global Investigations Review
03.19.14Matthew Reinhard was quoted regarding the DC District Court's ruling that documents produced by a compliance department during an internal investigation cannot be protected by attorney-client privilege. "This is potentially a very disturbing case, and I don't think it was correctly decided. It doesn't appear to be very thoughtfully analysed, and I believe it stands a decent chance of being overturned by the appellate court," Reinhard said, adding that in-house legal departments need to be able to use non-lawyers to establish facts that show company employees or contractors may have violated the law. He said the purpose of such fact-finding is to enable legal departments to provide the company with legal advice. "It's a big decision: the district court has essentially, in a nine-page decision of which three pages are factual background, eviscerated the attorney-client privilege that many companies assume apply during these types of investigations," he said.
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